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Yellow Springs Public Notices

Ordinance approving a permanent easement for the solar array and declaring an emergency

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Ordinance approving a permanent easement for the solar array and declaring an emergency

ORDINANCE NO. 2016-33, Village of Yellow Springs, Ohio

Interested persons will take note that the Village Council of Yellow Springs on Monday, Dec. 5, 2016, gave first reading to an ordinance and passed as an emergency, text to follow.

WHEREAS, the Village of Yellow Springs previously granted itself a utility easement on the property known as the Glass Farm for the purpose of installing a utility; and

WHEREAS, the Village of Yellow Springs has approved a Solar Power Purchase Agreement with AEP OnSite Partners to install a 1 megawatt solar array on the property known as the Glass Farm in the same area as the previously mentioned utility easement; and

WHEREAS, in order to install a 1 megawatt solar array, it is necessary to grant a permanent utility easement to AEP OnSite Partners.

NOW, THEREFORE, COUNCIL FOR THE VILLAGE OF YELLOW SPRINGS, OHIO HEREBY ORDAINS THAT:

Section 1.The Village hereby grants a permanent utility easement to AEP OnSite Partners for the purpose of erecting, maintaining and operating a 1 megawatt solar array.

Section 2.A copy of the easement is attached hereto and incorporated herein as Exhibit “A”.

Section 3.The Village Manager is authorized to execute and record the easement.  

Section 4.This Ordinance is hereby declared to be an emergency measure necessary to expedite a project to benefit the public health and welfare through the provision of non-carbon based energy. This Ordinance shall take effect immediately upon passage.

Section 5. Should the solar power purchase agreement with AEP On-Site Partners expire or be terminated, this easement shall also terminate under the conditions or those substantially similar to those noted in Exhibit “B”.

Karen Wintrow, President of Council

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